Activities of Franz OBERMAYR related to 2012/0366(COD)
Plenary speeches (1)
Manufacture, presentation and sale of tobacco and related products (debate)
Amendments (23)
Amendment 64 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 70 #
Proposal for a directive
Recital 17
Recital 17
(17) Certain additives are used to createmay give consumers the impression that tobacco products have health benefits, present reduced health hazards or increase mental alertness and physical performance. These additives should be prohibited in order to ensure uniform rules and a high level of health protectionIn order to guarantee a high level of health protection, Member States must ensure that consumers – particularly young people – receive information about this.
Amendment 79 #
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness and a maximum size in order to avoid interfering disproportionately with intellectual property (Article 17(2) of the Charter of Fundamental Rights of the EU) and entrepreneurial freedom (Article 16).
Amendment 85 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, '‘natural'’, '‘organic'’, ‘without additives’, ‘without flavours’, '‘slim'’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 105 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, and reviewing certain exemptions granted to tobacco products other than cigarettes, roll- your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 108 #
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directives may not, however, adopt any derogations regarding the appearance and sale of tobacco products. This applies in particular to labelling and packaging regulations.
Amendment 111 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legisbe able to adopt stricter regulations applyconcerning to allbacco products alike for aspects falling outside the scope of this Directive, provided they are compatible with thwhich they consider necessary to protect public health, provided that these Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatiblegulations do not fall within the scope of the provisions of this Directive. Provided that tobacco products or related products comply with the Treaty, with WTO obligations and do not affect the full application of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society servicequirements of this Directive, Member States may neither prohibit nor restrict the import, sale or consumption of such products.
Amendment 124 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 204 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 218 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shallmay cover up to 50% of the surface on which they are printed.
Amendment 224 #
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 240 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 248 #
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 259 #
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
Article 9 – paragraph 1 – point g – point i
(i) height: not lessmore than 643 mm;
Amendment 264 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 278 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 not more than 17% of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 19% for Member States with two official languages and 35 21% for Member States with three official languages.
Amendment 281 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 not more than 22% of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 25% for Member States with two official languages and 50 29% for Member States with three official languages.
Amendment 286 #
Proposal for a directive
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
(c) surrounded by a black border not less than 32 mm and not more than 43 mm in width inside the surface reserved for the text of the warning.
Amendment 298 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 329 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 464 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.